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Ruling says no Pa. privacy right for home address

By MARK SCOLFORO Associated Press

Updated:
02/19/2013 06:54:22 PM EST

HARRISBURG, Pa.—The Pennsylvania Supreme Court on Tuesday upheld a lower court ruling that the state constitution does not give people a right to privacy when it comes to their home addresses, clarifying a matter that has emerged as a major point of dispute under the Right-to-Know Law.

The justices gave their approval to a January 2012 Commonwealth Court decision throwing out a lawsuit by Mel M. Marin, a prospective congressional candidate who would not provide his residence information on campaign documents.

The Supreme Court did not issue its own written analysis, but the lower-court opinion stated "there is no constitutional right to privacy in one's home address under the Pennsylvania Constitution."

Terry Mutchler, director of the state Office of Open Records, said the decision has "profound implications" for other cases, as disputes over home addresses have arisen repeatedly under the Right-to-Know Law.

She said the question of whether to disclose home addresses, which are often protected under other states' public information laws, has come up concerning teachers, firefighters, government employees and elected high officials.

Mutchler's office was created under the version of the state open records law that took full effect in 2009 and is responsible for helping resolve disputes over access with state agencies and other governmental entities.

"I believe this will now clear up the outlying cases related to this," Mutchler said.

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"It is now the law of the commonwealth."

In making its ruling, Commonwealth Court had quoted a 2003 Supreme Court decision that said it had become increasingly common for name and address information to be disseminated.

"This information often appears in government records, telephone directories and numerous other documents that are readily accessible to the public ... an individual cannot reasonably expect that his identity and home addresses will remain secret," the Supreme Court ruled a decade ago.

Marin's address on the court docket is a post office box in Hermitage. A recording said the phone number listed for him was not accepting calls.

The Commonwealth Court decision said Marin had argued that disclosure of his home address would subject him to violent threats and "potential physical assault or death," and that it would make him afraid to discuss matter of public import.

He had sought an injunction that would prevent the defendants from making his address public and from refusing to certify him as a candidate.

Mutchler, who was a defendant in Marin's suit, said there may still be instances where an individual's address is not subject to disclosure for some other reason, such as personal security.

"It's a big case, and it's a very clear result," Mutchler said.

Also named in Marin's action was the Pennsylvania secretary of state. A Department of State spokesman said he was unfamiliar with the case and declined comment.